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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

Dd been sacked for isolating

228 replies

ShittingHell · 23/01/2021 15:46

My 16yr old has a part time job. Me and her dad had tests earlier this week. Unfortunately she was supposed to work so had to call in and say she couldn't.
Today she gets a text saying she's let them down! She's replied and said she can prove the tests were genuine and she had to isolate by law but they've not replied. This isn't bloody right is it?

OP posts:

DianaT1969 · 23/01/2021 16:42

Most employers won't lay off a good worker, even in casual jobs. Is it a very small company? How long has she been there and has she had time off before. I'm surprised if she has been there a while and they did this.

Mrgrinch · 23/01/2021 16:44

I can't believe nearly a year later people still do t know the rules on isolating.

Lougle · 23/01/2021 16:45

The Gov.uk site suggests that if she was self-isolating, because the justification is that to attend work may put other people in danger (ie. could get COVID-19) then the requirement of 2 years service is removed and she could have a claim for automatic unfair dismissal.

However, if she's only worked for them a short time, it might not be worth her while.

TeenagePITA · 23/01/2021 16:47

What?

She didn't call them?

Were the tests positive?

I'd be pissed off too if my employee didn't show up to work and didn't notify me!

Abraxan · 23/01/2021 16:47

@Bookriddle

I thought you only have to isolate if the test come back positive, but you dont say

No, this is not correct.

The Dd should isolate because her parent(s) have symptoms and are awaiting results. That has always been the case, right from March. The whole household isolate until results come back. If negative than she can come out of isolation.

It's no wonder we are having outbreaks all the time when so many people, not just one individual poster, still don't know the rules 10 months on.

bloodyhairy · 23/01/2021 16:48

I didn't think she had to isolate unless you had a positive result.

Jenasaurus · 23/01/2021 16:50

I think thats disgusting and irresponsbile behaviour of her employer, it sets a precident for people not to isolate. so the choice is, break the law and potentially infect others or lose her job, poor DD, that sounds like she could have a claim for unfair dissmissal

SoupDragon · 23/01/2021 16:51

@TeenagePITA

What?

She didn't call them?

Were the tests positive?

I'd be pissed off too if my employee didn't show up to work and didn't notify me!

She did call them. It's right there in the OP.

Abraxan · 23/01/2021 16:51

@TeenagePITA

What?

She didn't call them?

Were the tests positive?

I'd be pissed off too if my employee didn't show up to work and didn't notify me!

Unfortunately she was supposed to work so had to call in and say she couldn't.

The OP says the above. It's the first paragraph.
The Dd did call and tell them. She didn't just not show up.

The Dd did the right thing in going into self isolation.
That is exactly what we are supposed to do if anyone in our household has symptoms, unless a test shows them to be negative.

The workplace are the ones in the wrong.

Abraxan · 23/01/2021 16:52

@bloodyhairy

I didn't think she had to isolate unless you had a positive result.

That is incorrect. The government instructions since March has stayed the same. If anyone in your household as symptoms then you are all to self isolate. Isolate until results are back. If they are negative isolation ends.

Soubriquet · 23/01/2021 16:53

My Dh was sacked in his second week of a new job because he had D&V.

I really don’t get why they have go down that road

I mean it’s not like he can come in with it and infect other workers is it?

Abraxan · 23/01/2021 16:54

@Mrgrinch

I can't believe nearly a year later people still do t know the rules on isolating.

I agree, it's really concerning so many people still don't know what they should do regarding self isolation. It's been the same since March - after 10 months surely we should know this by now?

Arrierttyclock · 23/01/2021 16:55

@coconuttyhead this is our argument in work- I work for the NHS and their policy is- come in even if take one fro your household has symptoms/ awaiting results. Only isolate if the result comes back positive. Just to reiterate, this is the NHS! They make up their own rules!

LolaSmiles · 23/01/2021 16:55

It doesn't sound like she has been sacked.

Did she inform them the day you got symptoms so she had to isolate from that day, or did she tell them last minute before a shift?
The only reasonable explanation I can think of is that she knew you had symptoms on Monday and were booked for a test, but called in on Wednesday saying she couldn't do Thursday's shift because you were waiting on test results. That sort of delay in telling them could come under letting them down.

Otherwise they sound like they're being unreasonable.

blimppy · 23/01/2021 16:56

I think this is one of the weaknesses in the current system and something that doesn't get enough attention. My DD is older and has worked full time for 5 years in a minimum wage role working with children. Her employer has very strict limits on sick leave allowance and her manager has made it clear that if she has to isolate again because of Covid, she faces disciplinary action and could be sacked. This follows two separate periods of 2-3 days last Autumn when she had to isolate waiting for test results. It's completely unfair, probably illegal, but I suspect more common than people realise. In practice, my DD has neither the financial nor mental resources to bring a legal challenge if this happens.

Ch3rish · 23/01/2021 16:57

You've not been very clear about the results of the tests, have you had them yet and what exactly is the timeline

SmidgenofaPigeon · 23/01/2021 16:59

@blimppy your daughter has been there for five years, she’s protected by employment law whatever her boss says. ACAS would intervene in the first instance, her employers would be breaking the law.

BingBongToTheMoon · 23/01/2021 17:01

Who said she was sacked?

Abraxan · 23/01/2021 17:02

@Ch3rish

You've not been very clear about the results of the tests, have you had them yet and what exactly is the timeline

The results are irrelevant if they hadn't come back by the time the Dd was due to work, which the OP suggests.

The op suggests, to my reading, that parent(s) had symptoms, got tests. The Dd was due to work during this time period - from the OP and her concerns I would assume this to be BEFORE results back but AFTER symptoms started.

If this is correct then the DD was right to isolate. That is what we should be doing.

If the results had returned and they were negative BEFORE the day Dd was to work then it's a non-thread. There was no need to still isolate unless someone else in household had developed new symptoms in the meantime.

00100001 · 23/01/2021 17:04

@PhatPhanny

Regardless of her time in the job, if they have dismissed her for isolating you could claim automatically unfair dismissal.

Lol, as if a 16yo who has had a job a few weeks is going pay to go to court and go down the unfair dismissal route... 😂

Newnamefor2021 · 23/01/2021 17:04

Was she actually sacked though or did they say that they were disappointed?

Justforphoto · 23/01/2021 17:05

That link posted says it could be considered without the 2 years if you refuse to go in due to a threat to your health or someone you live with. That's a different issue and is a health and safety at work one. It was the one the unions recommended teachers use to refuse to work. Although the op says the daughter rang in the text wording and the fact it's today suggest they were not aware she wasn't working today. Also the op does not say they have symptoms just that they had tests, in some areas they do asymptomatic testing and for all we know this is what happened.

VienneseWhirligig · 23/01/2021 17:10

@Arrierttyclock is this not a bit disingenuous? NHS staff also are having lateral flow testing so have some measure of reassurance around being asymptomatic. If however they are ignoring the government advice then they are indeed making their own rules up in your workplace and you should consider challenging that. National guidelines are the same for everyone not in a regular asymptomatic testing scheme.

BackBoiler · 23/01/2021 17:18

@VienneseWhirligig maybe so for NHS staff that have contact with patients but the office staff won't be having regular testing. Also a fair chunk are not working from home either and are expected to turn into the office.

Perfect28 · 23/01/2021 17:21

How many people here saying she didn't have to isolate until results came back. No wonder we have such high rates. If anyone in the house has symptoms they need to get tested and the entire household isolates until a negative test, or longer if positive. Come on folks, we have been in this situation for a while and you still don't understand?

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